MSE Supplies, LLC (Board decision, June 17, 2026)

Plain-English summary

MSE Supplies, LLC imported and distributed water-treatment devices that made claims about purifying water and using a germicidal lamp. EPA alleged that the devices were misbranded because their labels lacked the establishment number for the EPA-registered establishment where they were produced, and that MSE Supplies failed to file a required notice of arrival before importation. The settlement covered five unlawful distributions or sales of misbranded devices and one failure to file an import notice. MSE Supplies consented to a $16,200 civil penalty, and the EAB ratified the Expedited Settlement Agreement.

Decision snapshot

• Cited authorities: FIFRA §§ 2, 12, 14, and 17; 7 U.S.C. §§ 136, 136j, 136l, and 136o; 40 C.F.R. parts 22, 152, and 156; 19 C.F.R. § 12.112
• Outcome: The Expedited Settlement Agreement was ratified, and MSE Supplies was ordered to pay a $16,200 civil penalty.
• Key point: Devices making pest-mitigation claims are subject to FIFRA requirements, including labeling and import-notice rules.

Full text (EPA EAB public release)

                                                                        F I L E D
                                                                            Jun 17, 2026
                                                                       Clerk, Environmental Appeals Board
                                               INITIALS ________________________
                 ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.


                                            )
                                            )

In re MSE Supplies, LLC ) Docket No. FIFRA-HQ-2026-5005
)
)
)

                                    FINAL ORDER



                                 Decided June 17, 2026




   Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr.

   Order of the Board by Judge Avila:

   Before the Environmental Appeals Board is the attached executed Expedited Settlement

Agreement in the above-captioned matter. The parties to this Expedited Settlement Agreement seek the Board’s ratification pursuant to 40 C.F.R. § 22.18(b)(3) and (c). 1 For the reasons discussed below, the Board ratifies the Expedited Settlement Agreement.

   The Consolidated Rules of Practice at 40 C.F.R. part 22 govern these proceedings. Under

40 C.F.R § 22.18(b), parties may settle an administrative enforcement action at any time by recording the terms and conditions of the settlement in a consent agreement and by having the agreement ratified by a final order. 40 C.F.R. § 22.18(b)(2), (3). The scope of matters resolved by consent agreement is limited by 40 C.F.R. § 22.18(c), which states, in part, that “[f]ull payment of the penalty proposed in a complaint pursuant to [40 C.F.R. § 22.18(a)] or settlement pursuant to [40 C.F.R. § 22.18(b)] shall only resolve respondent’s liability for Federal civil

   1
      Expedited settlement agreements authorized under 40 C.F.R. part 22 must comply with

all applicable provisions in part 22 and, accordingly, function as consent agreements. For purposes of this order, the terms “consent agreement” or “expedited settlement agreement(s)” refer to a voluntary agreement between parties to settle claims pursuant to 40 C.F.R. § 22.18(b). penalties for the violations and facts alleged in the complaint.” 2 Id. § 22.18(c). Here, paragraph 28 of the Expedited Settlement Agreement states that “[f]ull payment of the penalty set forth in this Agreement and Final Order shall only resolve Respondent’s liability for federal civil penalties for the violations and facts alleged herein.” Expedited Settlement Agreement ¶ 28 (emphasis added).

    The Board has previously explained that there are two subjects discussed in

40 C.F.R.§ 22.18(c): full payment of the proposed penalty by quick resolution pursuant to 40 C.F.R.§ 22.18(a) and settlement by consent agreement pursuant to 40 C.F.R § 22.18(b). See In re Sumitomo Chem. Co., FIFRA Appeal No. 16-04, at 2 (EAB Oct. 13, 2016) (Final Order). The “full payment of the penalty” language addresses quick resolutions and pertains to cases where a respondent resolves a matter by paying the specific penalty proposed in a complaint in full. See id. A settlement by consent agreement, on the other hand, is an agreement between the parties, including (as in this case) agreement on any penalty to be paid (the Expedited Settlement Agreement does not propose payment of a penalty). Id.; see Expedited Settlement Agreement
¶ 25. Accordingly, the language in paragraph 28 of the Expedited Settlement Agreement does not track 40 C.F.R. § 22.18(c) because it utilizes language related to administrative enforcement actions resolved by quick resolutions, not settlements, as is the case here.

   Nonetheless, the Board has determined that ratification of this settlement agreement is

appropriate under the circumstances of this case, including the provision of the Expedited Settlement Agreement stating that Respondent has provided EPA with a detailed explanation of how it achieved required compliance or, if the violation could not be corrected, steps taken by Respondent to prevent recurrence of the violation. See Expedited Settlement Agreement ¶ 30.

    The Board observes that it would be more consistent with the regulatory text and would

expedite the Board’s review of all settlement agreements under 40 C.F.R. § 22.18(b) if the language resolving liability, e.g. Paragraph 28, better conformed with the regulatory language of 40 C.F.R. § 22.18(c). For example, in the future, the language resolving liability in a settlement agreement would provide: “In accordance with 40 C.F.R. § 22.18(c), Respondent’s full compliance with the terms of this Agreement shall only resolve Respondent’s liability for federal civil penalties for the violations and facts alleged in this Agreement.”

   Pursuant to 40 C.F.R. § 22.18(b)–(c) of the EPA’s Consolidated Rules of Practice,

40 C.F.R. Part 22, the attached Expedited Settlement Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified. The Respondent is ORDERED to comply with all terms of the Expedited Settlement Agreement, effective

   2
     Where the parties agree to a settlement before filing of the complaint, the proceedings

may be simultaneously commenced and concluded by issuance of the consent agreement and final order. 40 C.F.R. § 22.13(b). In these cases, the reference in 40 C.F.R. § 22.18(c) to “violations and facts alleged in the complaint” is properly read to refer to the consent agreement resolving the matter. See id. §§ 22.13(b), .18(b)(2).

                                           -2-

immediately.

  So ordered.




                -3-

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

                                   )

In re: )
)
MSE SUPPLIES, LLC ) Docket No. FIFRA-HQ-2026-5005 Tucson, Arizona )
)
Respondent. )
_________)

                         EXPEDITED SETTLEMENT AGREEMENT


     1. The U.S. Environmental Protection Agency (“Complainant”) alleges that MSE Supplies, LLC

(“Respondent”), located at 2705 E. Medina Road, Suite 161, Tucson, Arizona 85756, imported misbranded

devices in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 12(a)(1)(F).

7 U.S.C. § 136j(a)(1)(F). Respondent also failed to file EPA Form 3540-1: Notice of Arrival of Pesticides

or Devices (“NOA”), or its electronic alternative (“eNOA”) prior to the arrival of FIFRA-regulated devices

in violation of FIFRA section 12(a)(2)(N), 7 U.S.C. § 136j(a)(2)(N).

     2. “Person” means “any individual, partnership, association, corporation, or any organized group

or persons whether incorporated or not.” 7 U.S.C. § 136(s).

     3. “Device” means any instrument or contrivance (other than a firearm) which is intended for

trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than

man and other than bacteria, virus, or other microorganism on or in living man or other living animals).” 7

U.S.C. § 136(h); see also 40 C.F.R. § 152.500(a).

     4. “Pest” means “(1) any insect, rodent, nematode, fungus, weed, or (2) any other form of

terrestrial or aquatic plant or animal life or virus, bacteria, or other micro-organisms (except viruses,

bacteria, or other micro-organisms on or in living man or other living animals) which the Administrator

declares to be a pest under section 136w(c)(1).” 7 U.S.C. § 136(t); see also 40 C.F.R. § 152.5.

In re MSE Supplies, LLC 1 Expedited Settlement Agreement Docket No. FIFRA-HQ-2026-5005 5. “To distribute or sell” means to distribute, sell, offer for sale, hold for distribution, hold for

sale, hold for shipment, ship, deliver for shipment, release for shipment, or receive and (having so received)

deliver or offer to deliver. 7 U.S.C. § 136(gg); 40 C.F.R. § 152.3.

    6. Section 12(a)(1)(F) of FIFRA provides that it is unlawful for any person in any State to

distribute or sell to any person any device that is misbranded. 7 U.S.C. § 136j(a)(1)(F).

    7. $GHYLFHPD\EH³PLVEUDQGHG´LILWVODEHOGRHVQRWEHDUWKHHVWDEOLVKPHQWQXPEHURIWKH¿QDO

EPA-registered establishment at which it was produced. 7 U.S.C. § 136(q)(1)(E); 40 C.F.R. §§

156.10(a)(1)(v), (f).

    8. “Establishment” means any place where a pesticide or device or active ingredient used in

producing a pesticide is produced or held for distribution or sale. 7 U.S.C. § 136(dd).

    9. Pursuant to Section 17(c)(1) of FIFRA, 7 U.S.C. § 136o(c)(1), and its implementing regulations

at 19 C.F.R. § 12.112(a), an importer or their authorized agent seeking to import a pesticide or device must

file a NOA or eNOA prior to the arrival of the shipment into the United States. A separate NOA or eNOA

is required for each pesticide or device in each shipment.

    10. Section 12(a)(2)(N) of FIFRA, 7 U.S.C. § 136j(a)(2)(N), makes it unlawful for anyone who is

DUHJLVWUDQWZKROHVDOHUGHDOHUUHWDLOHURUGLVWULEXWRUWRIDLOWR¿OHUHSRUWVUHTXLUHGE\WKH$FW

    11. On or about April 8, 2026, Respondent imported a device known as “MSE PRO Ultra Pure

Water Filtration System for Type I-Type IV Water (MA1079-12),” entry number XXX XXXX0288, at

the Los Angeles/Long Beach Seaport port of entry.

    12. The Product Instruction Manual for MSE PRO Ultra Pure Water Filtration System for Type I-

Type IV Water (MA1079-12) claims that it is the “top leading water treatment system we produced,

guaranteeing the full percent pure water quality.” The Instruction Manual also stated that the product

included a “UV germicidal lamp.” Claims to “purify” water and that the product includes a “germicidal”

lamp imply that the product is intended to destroy, repel, or mitigate microorganisms. Therefore, this

product is a device under FIFRA section 2(h). 7 U.S.C. § 136(h).

In re MSE Supplies, LLC 2 Expedited Settlement Agreement Docket No. FIFRA-HQ-2026-5005 13. Respondent failed to file an NOA or eNOA prior to the arrival of this device in violation of

FIFRA section 12(a)(2)(N). 7 U.S.C. § 136j(a)(2)(N). Each failure to file is a separate violation. As a result,

Respondent committed one violation for failure to file under FIFRA section 12(a)(2)(N). 7 U.S.C. §

136j(a)(2)(N).

    14. On or about April 8, 2026, Respondent imported a device known as “MSE PRO 23inch Width

Compounding Hood, Negative Pressure, 110V (LS1956),” entry number XXX XXXX0304, at the Los

Angeles/Long Beach Seaport port.

    15. The Product Instruction Manual for MSE PRO 23inch Width Compounding Hood, Negative

Pressure, 110V (LS1956) instructs users to “turn on the UV lamp for sterilizing at least 30 minutes.” Claims

for sterilization imply the product is used to kill microorganisms present on surfaces. Therefore, this product

is a device under FIFRA section 2(h). 7 U.S.C. § 136(h).

    16. On or about April 22, 2026, Respondent imported a device known as “Table Top Autoclave

(LS1962/LS1964),” entry number XXX XXXX8984, at the Los Angeles/Long Beach Seaport port of entry.

    17. The User Manual for Table Top Autoclave (LS1962/LS1964) instructs users on the installation

and use of its “sterilization chamber.” Claims for sterilization imply the product is used to kill

microorganisms present on surfaces. Therefore, this product is a device under FIFRA section 2(h). 7 U.S.C.

§ 136(h).

    18. On or about April 22, 2026, Respondent imported a device known as “Clean Booth (LS0581),”

entry number XXX XXXX8984, at the Los Angeles/Long Beach Seaport port.

    19. The User Manual for Clean Booth (LS0581) states that the product includes a “UV lamp []

used for sterilization.” Claims for sterilization imply the product is used to kill microorganisms present on

surfaces. Therefore, this product is a device under FIFRA section 2(h). 7 U.S.C. § 136(h).

    20. On or about May 1, 2026, Respondent imported a device known as “MSE PRO Ultra Pure

Water Filtration System for Type I-Type IV Water (MA1079-3),” entry number XXX XXXX6292, at

the Los Angeles/Long Beach Seaport port of entry.

In re MSE Supplies, LLC 3 Expedited Settlement Agreement Docket No. FIFRA-HQ-2026-5005 21. The Product Instruction Manual for MSE PRO Ultra Pure Water Filtration System for Type I-

Type IV Water (MA1079-3) claims that it is the “top leading water treatment system we produced,

guaranteeing the full percent pure water quality” and is capable of the “final removal for <0.2ȝm bacteria.”

Claims to “purify” water and achieve “bacteria removal” imply the product is intended to destroy, repel, or

mitigate microorganisms in water. Therefore, this product is a device under FIFRA section 2(h). 7 U.S.C. §

136(h).

      22. None of the devices listed herein bore labels providing the establishment number for the EPA-

registered establishment where they were produced. Therefore, all of the devices listed herein were

misbranded, and their distribution was in violation of FIFRA section 12(a)(1)(F). 7 U.S.C. § 136j(a)(1)(F).

      23. Respondent distributed or sold one of each of the devices listed herein, for a total of five

unlawful distributions or sales of a misbranded device under FIFRA section 12(a)(1)(F). 7 U.S.C. §

136j(a)(1)(F).

      24. The EPA is authorized to enter into this Expedited Settlement Agreement (“Agreement”) and

Final Order (“Final Order”), and this proceeding for the assessment of a civil penalty is simultaneously

commenced and concluded, pursuant to Section 14(a) of FIFRA, 7 U.S.C. § 136l(a) and 40 C.F.R. §

22.13(b) and § 22.18(b).

      25. The EPA and Respondent (collectively referred to as the “Parties”) agree to settle this matter

for a civil penalty of SIXTEEN THOUSAND TWO HUNDRED DOLLAR ($16,200), to be paid within

30 days RIWKHGDWHWKH$JUHHPHQWDQG)LQDO2UGHULV¿OHGZLWKWKH(QYLURQPHQWDO$SSHDOV%RDUGIRUWKH

),)5$YLRODWLRQVLGHQWL¿HGKHUHLQ

      26. Respondent shall pay the full civil penalty amount using any method, or combination of

appropriate methods, as provided on the EPA website: https://www.epa.gov/financial/makepayment. For

additional instructions see: https://www.epa.gov/financial/additional-instructions-making-payments-epa.

      27. When making a payment, Respondent shall:

In re MSE Supplies, LLC 4 Expedited Settlement Agreement Docket No. FIFRA-HQ-2026-5005 (a) Identify payment with Respondent’s name and the docket number of this Agreement and

               Final Order, Docket No. FIFRA-HQ-2026-5005.

        (b)    Concurrently with any payment or within 24 hours of any payment, Respondent shall

               serve proof of such payment to the following person(s):

                 Tommie Madison, Clerk of the Board
                 U.S. Environmental Protection Agency
                 Environmental Appeals Board
                 1200 Pennsylvania Avenue, NW (Mail Code 1103M)
                 Washington, D.C. 20460-0001
                 [email protected]

                 Emily Benayoun, Physical Scientist
                 U.S. Environmental Protection Agency
                 Region 9
                 75 Hawthorne Street
                 San Francisco, California 94105
                 [email protected]

                 and

                 U.S. Environmental Protection Agency
                 Cincinnati Finance Center
                 Via electronic mail to: [email protected]

        (c)   ³3URRIRISD\PHQW´PHDQVDVDSSOLFDEOHDFRS\RIWKHFDVKHGFKHFNFRQ¿UPDWLRQRI

              FUHGLWFDUGRUGHELWFDUGSD\PHQWRUFRQ¿UPDWLRQRIZLUHRUDXWRPDWHGFOHDULQJKRXVH

              transfer, and any other information required to demonstrate that payment has been made

              DFFRUGLQJWRWKH(3$UHTXLUHPHQWVLQWKHDPRXQWGXHDQGLGHQWL¿HGZLWKWKHDSSURSULDWH

              docket number and Respondent’s name.

    28. Full payment of the penalty set forth in this Agreement and Final Order shall only resolve

Respondent’s liability for federal civil penalties for the violations and facts alleged herein.

    29. No portion of the civil payment or interest paid by Respondent pursuant to the requirements of

this Agreement shall be claimed by Respondent as a deduction of federal, state, or local income tax

purposes.

In re MSE Supplies, LLC 5 Expedited Settlement Agreement Docket No. FIFRA-HQ-2026-5005 30. 5HVSRQGHQWFHUWL¿HVXQGHUSHQDOW\RISHUMXU\WKDWLWKDVSURYLGHGDGHWDLOHGH[SODQDWLRQIRU

how compliance was achieved, including the date, location, and description of the action that was taken,

the quantity of product brought into compliance, and any other demonstrative information (e.g., product

images) showing that compliance was achieved. If the violation could not be corrected, the report will

include steps taken by Respondent to prevent recurrence of the violation.

    31. By signing this Agreement and submitting payment for the above penalty amount, Respondent:

(a) admits that Respondent is subject to the requirements in paragraphs 1 through 30; (b) admits that the

EPA has jurisdiction over Respondent and Respondent’s conduct as alleged herein; (c) neither admits nor

denies the factual allegations contained herein; (d) consents to the assessment of the penalty set forth herein;

and (e) waives any right to contest the allegations contained herein and its right to appeal the proposed Final

Order attached hereto.

    32. Upon signing and returning this Agreement to the EPA, Respondent waives any rights or

defenses that Respondent has or may have for this matter to be resolved in federal court, including but not

limited to any right to a jury trial, and waives any right to FKDOOHQJH WKH ODZIXOQHVV RI WKH ¿QDO RUGHU

accompanying the consent agreement.

    33. The Parties shall bear their own costs and fees, if any.

    34. The Parties agree that settlement of this matter is in the public interest.

    35. The Agreement authorized by the EPA’s execution of the Final Order attached hereto constitutes

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    36. This Agreement is binding on the Parties and in accordance with 40 C.F.R. § 22.31(b), is

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    37. The Parties consent to receive service of this Agreement and Final Order by email to

[email protected] (for Complainant) and [email protected] (for Respondent).

    38. Unless an extension has been granted in writing by the EPA, if Respondent does not sign and

return this Agreement with proof of payment of the penalty amount within 30 days of receipt of this

In re MSE Supplies, LLC 6 Expedited Settlement Agreement Docket No. FIFRA-HQ-2026-5005
$JUHHPHQW WKH$JUHHPHQW LV DXWRPDWLFDOO\ ZLWKGUDZQ ZLWKRXW SUHMXGLFH WR WKH (3$¶V DELOLW\ WR ¿OH DQ

enforcement action for the above or any other violations.

    39. If Respondent chooses to not to enter into this Agreement and fully comply with its terms, the

EPA may pursue more formal enforcement measures to correct the violation(s) and seek penalties of up to

$24,885 (adjusted for inflation) per violation pursuant to Section 14 of FIFRA, 7 U.S.C. § 136l.

WE HEREBY AGREE TO THIS:

FOR RESPONDENT:
MSE SUPPLIES, LLC

                     Digitally signed by Holly

Holly Zimmerman Zimmerman

            Date: 2026.05.29 13:57:02 -05'00'

Holly Zimmerman, Chief Financial Officer
MSE Supplies, LLC
2705 E. Medina Road, Suite 161
Tucson, Arizona 85756

In re MSE Supplies, LLC 7 Expedited Settlement Agreement Docket No. FIFRA-HQ-2026-5005 WE HEREBY AGREE TO THIS:

FOR COMPLAINANT:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

DIANA SAENZ Digitally signed by DIANA SAENZ
Date: 2026.06.02 17:26:46 -04'00'

Diana Saenz, $FWLQJDirector
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency

Haley C. Todd Digitally signed by Haley C. Todd
Date: 2026.06.02 16:04:11 -04'00'

Haley Todd, Attorney-Advisor
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency

In re MSE Supplies, LLC 8 Expedited Settlement Agreement Docket No. FIFRA-HQ-2026-5005 CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Expedited Settlement Agreement and Final Order in

the matter of MSE Supplies, LLC, Docket Number FIFRA-HQ-2026-5005, were sent to the following persons on June 17, 2026, in the manner indicated:

By E-mail:

For Respondent
Holly Zimmerman, CFO
MSE Supplies, LLC
[email protected]

For Complainant:
Haley C. Todd, Attorney-Advisor
Waste and Chemical Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
[email protected]

                                                                       Digitally signed by
                                                                       TOMMIE MADISON
                                                                       Date: 2026.06.17
                                                                       14:19:12 -04'00'
                                                             Tommie Madison
                                                             Clerk of the Board